Is Drug Addiction covered under the FMLA and my situation?

[CrunchatizeMeCap'n]

Morning,

I'm not 100% sure if this belongs here so please feel free to move this to the right location.

I have an addiction to opiates that I have been battling for over a year now. I recently was able to quit doing opiates about a month ago, I had 2 relapses during that time but that is a lot better than what I was doing before I quit. Now due to being addicted to opiates I would withdraw during periods I did not have any to use which would cause me to become extremely ill and miss work. I've missed 6 days of work in the past year and my boss has advised me that he will need to write me up unless I contact my insurance provider and have them approve me under the FMLA if I have an ongoing illness. The problem is I have never told my doctor about my addiction. Am I able to make an appointment with my doctor and advise him about the addiction I have and have him approve me previous days I've missed under the FMLA? Please advise, thank you

 

[Missykins]

Here is the link to the Family and Medical Leave Act:

http://www.dol.gov/whd/fmla/

Let me see if I've got this straight: you'd like to use your "FMLA time" for unexcused absences from work in the past or face discipline from your employer. These absences from work were related to your substance abuse, but you are not under the care of a physician for chemical dependency.

The Family and Medical Leave Act allows eligible employees to take a certain length of unpaid leave from work without losing their jobs. Whether or not you qualify for unpaid time off from work via FMLA depends upon a number of things, including the number of employees your employer has (fifty is the minimum), how long you have been employed there (at least a year), and the nature of the job (certain occupations are excluded). Substance abuse is typically covered by the FMLA, but you will not be able to get around the fact that your employer will require documentation from your treatment provider in order for you to request leave under the Family and Medical Leave Act.

When I went to rehab, I was able to keep my job because of the FMLA, but I had to provide my employer with a statement from my psychiatrist and the facility that I went to before I was granted leave.

I don't know what this has to do with your insurance provider, it would be only your physician who could comment on any ongoing illness that you might have. If your physician is to only become aware of your substance abuse now, he or she could not comment on why you missed work in the past as you were not under that doctor's care for chemical dependency at the time you missed work. But you could always ask.

 

[cj]

Yea I dont think that is going to work. Plus if you let them know your an addict they may start looking for a reason to fire you.

 

[Urgez]

^this.

its hard enough recovering from addiction. being under the radar at the same time? good luck.

 

[Missykins]

^And part of keeping my job upon my return to work was "being under the radar:" random urine screens, reports from my monitor, etc. But an impaired professional is dangerous to the people they're treating, so it's justifiable. It was kept confidential, but people talk nonetheless. I was determined to return to my profession.

 

[Mussman_50]

Drugs always take a person to a darker side. I was not only an alcoholic but also suffering from anxiety attacks. Visited one of the highly recommended addiction counseling Virginia clinic. Soon got a drastic change in my behaviour. Have almost left alcohol too. Thanks to their awesome services and kind attitude of doctors.